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LUKE v. DEPARTMENT OF NATURAL RESOURCES

No. S98A1447.

513 S.E.2d 728 (1999)

270 Ga. 647

LUKE v. DEPARTMENT OF NATURAL RESOURCES et al.

Supreme Court of Georgia.

March 15, 1999.

Attorney(s) appearing for the Case

Robin Frazer Clark, Jewett & Clark, L.L.C., Atlanta, Richard A. Freese, Leslie Elizabeth McFall, Langston, Frazer, Sweet & Freese, P.A., Birmingham, for W.J. Luke.

Thurbert E. Baker, Atty. Gen., Diane Lea DeShazo, Timothy Joseph Ritzka, Michele Maria Young, Asst. Attys. Gen., Atlanta, for Georgia Department of Natural Resources.

D. Mark Baxter, Stephen Louis A. Dillard, Stone & Baxter, LLP, Macon, for amicus curiae Georgia Association of Convenience Stores.

HINES, Justice.

Luke appeals from the dismissal of his complaint for failure to state a claim upon which relief can be granted. OCGA § 9-11-12(b)(6). For the reasons that follow, we affirm.

Luke is the owner and operator of an underground storage tank (UST) used in the retail gasoline business. Such UST's are regulated by the Georgia Underground Storage Tank Act (Act). OCGA § 12-13-1 et seq. The Act requires UST operators to maintain evidence of...

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